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Book(print)#32010
Advancement of international law
In: French studies in international law 3
The advancement of international law presupposes that the objections are met. The 'realist' objection claims that sovereign states deciding matters cast over the precept that 'might is right'. This title shows the invention of two techniques in positive law: state contracts and transnational arbitration without privity, Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. The essays collected in this book are arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress
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The advancement of international law
In: French studies in international law v. 3
The advancement of international law presupposes that the objections are met. The 'realist' objection claims that sovereign states deciding matters cast over the precept that 'might is right'. This title shows the invention of two techniques in positive law: state contracts and transnational arbitration without privity, Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. The essays collected in this book are arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress
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Book(print)#52006
Le contentieux arbitral transnational relatif à l'investissement: nouveaux développements
In: Bibliothèque de l'Institut des Hautes Études Internationales de Paris
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Article(electronic)#7August 13, 2019
Hans Kelsen et le châtiment des criminels de guerre de l'Allemagne nazie
In: Droit et société: revue internationale de théorie du droit et de sociologie juridique, Volume 102, Issue 2, p. 447-457
ISSN: 0769-3362
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Article(electronic)#8February 2016
Hebrew Sources in the Doctrine of the Law of Nature and Nations in Early Modern Europe
In: European journal of international law, Volume 27, Issue 1, p. 79-106
ISSN: 1464-3596
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Article(electronic)#92004
La responsabilité internationale de l'État sur le fondement des traités de promotion et de protection des investissements
In: Annuaire français de droit international, Volume 50, Issue 1, p. 683-714
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Article(electronic)#10January 1996
Nouvel ordre mondial et contrôle de la légalité des actes du Conseil de sécurité. By Mohammed Bedjaoui. Preface By Boutros Boutros-Ghali. Brussels: Bruylant, 1994. Pp. 634. Index, bf 6.368
In: American journal of international law: AJIL, Volume 90, Issue 1, p. 157-160
ISSN: 2161-7953
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Article(electronic)#111982
Les contre-mesures inter-étatiques et les réactions à l'illicite dans la société internationale
In: Annuaire français de droit international, Volume 28, Issue 1, p. 9-77
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Article(print)#121982
Le Conseil constitutionnel et le principe d'égalité devant la loi
In: Revue du droit public de la science politique en France et à l'étranger, Volume 98, Issue 2, p. 295-353
ISSN: 0035-2578
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Article(print)#131980
Les modes de coopération entre pays en développement et entreprises multinationales dans le secteur de la production des matières premières minérales
In: Journal du droit international: Clunet, Volume 107, Issue 3, p. 539-604
ISSN: 0021-8170
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Book(print)#152002
Ecrits de théorie du droit, de droit constitutionnel et d'idées politiques
In: Les introuvables
In: Droit public
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